Judge hearing Aarushi case turns down plea for death sentence

Special Public Prosecution for the CBI, R.K. Saini, on Tuesday argued for awarding extreme sentence (death sentence) to the dentist couple Nupur and Rajesh Talwar for the murder of their daughter Aarushi and domestic help Hemraj at their flat in Sector 25 in Noida in 2008, but special judge Shyam Lal dismissed it, saying that the case did not fall in the category of rarest of rare cases.

Counsel for the Talwars argued that in view of the findings given in respect of grave and sudden provocation, destruction of evidence and furnishing false information to the police, the case did not fall under the category of “rarest of rare cases.” Their counsel demanded a lenient punishment.

Mr. Saini argued that “the manner in which the accused committed the murder calls for extreme penalty.’’ After hearing counsel for both parties, the special judge said: “Keeping in view the entire facts and circumstances, I am of the view that both the accused are not menace to the orderly society. This is not a fit case for inflicting death penalty under Section 302 read with Section 34 IPC.”

“Therefore, it appears just and proper to sentence the accused to rigorous imprisonment for life under Section 302 read with Section 34 I.P.C. with a fine of Rs.10,000 each, to 5 years rigorous imprisonment with a fine of Rs.5,000 each under Section 201 read with Section 34 I.P.C. It also appears expedient in the interest of justice to sentence accused Dr. Rajesh Talwar under Section 203 I.P.C. to simple imprisonment of one year with a fine of Rs.2,000.’’

90 days to appeal

Later, the dentist couple was taken back to the Dasna Jail to serve the sentence. The couple has 90 days from the date of the conviction to file an appeal against the lower court judgment holding them guilty in the Allahabad High Court. They can also ask for suspension of sentence (bail) during the pendency of their appeal against the conviction.